특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person engaging in driving a rocketing car.
On March 6, 2015, at around 21:40, the Defendant driven the said car with the blood alcohol level of 0.115% 0.15%, and came up with 278 underground 2nd underground parking lot of Geumcheon-gu Seoul Metropolitan Government.
The Defendant did not accurately operate the brake system in a situation where normal driving is difficult due to the above influence of drinking, and the Defendant was faced with the Defendant’s vehicle ahead of C Driving a D low-speed car running behind the vehicle immediately following the Defendant’s vehicle at the right edge.
As a result, the defendant suffered from the injury of the victim E (the 32-year old) who was on board the top of the car operation for the above high-est car for about two weeks, such as salt, tension, etc.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C and E;
1. The actual condition of traffic accidents;
1. A report on the actual state of the driver;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and choice of imprisonment with prison labor for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments of each of the crimes above) among concurrent crimes;
1. Article 62 (1) of the Criminal Act;
1. Although the liability for the crime is not minor in light of the reasoning for sentencing under Article 62-2 of the Criminal Act, the degree of damage, and the fact that the defendant has been punished twice due to the crime of drunk driving, the fact that the defendant recognizes and reflects the crime, that the defendant has no record of punishment exceeding the fine, and that the defendant has no record of punishment in light of the age, character and conduct, environment, and circumstances after the crime, etc., the punishment is determined as ordered by the order.